S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7521
 
                             I N  S E N A T E
 
                             January 19, 2018
                                ___________
 
 Introduced  by  Sens.  HANNON, O'MARA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to clinical laborato-
   ry supervision
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  public health law is amended by adding a new section
 576-d to read as follows:
   § 576-D. CLINICAL LABORATORY SUPERVISION. 1. (A) EACH CLINICAL LABORA-
 TORY SHALL HAVE ONE OR MORE SUPERVISORS WHO  SHALL,  UNDER  THE  GENERAL
 DIRECTION OF THE DIRECTOR, SUPERVISE THE TECHNICAL PERSONNEL AND REPORT-
 ING OF FINDINGS, PERFORM TESTS REQUIRING SPECIAL SCIENTIFIC SKILLS, AND,
 IN  THE  ABSENCE OF THE DIRECTOR, BE RESPONSIBLE FOR THE PROPER PERFORM-
 ANCE OF ALL LABORATORY PROCEDURES.
   (B) A DIRECTOR WHO QUALIFIES AS PROVIDED  IN  REGULATIONS  PROMULGATED
 PURSUANT  TO SECTION FIVE HUNDRED SEVENTY-THREE OF THIS TITLE SHALL ALSO
 BE DEEMED QUALIFIED AS A SUPERVISOR.
   (C) DEPENDING UPON THE SIZE AND FUNCTIONS OF THE CLINICAL  LABORATORY,
 THE  DEPARTMENT MAY AUTHORIZE THE DIRECTOR TO ALSO SERVE AS THE SUPERVI-
 SOR OF SUCH LABORATORY.
   (D) THE SUPERVISOR SHALL BE ON THE  CLINICAL  LABORATORY  PREMISES  OR
 AVAILABLE BY PHONE OR SYNCHRONOUS TWO-WAY ELECTRONIC AUDIO VISUAL COMMU-
 NICATIONS  WITHIN  THIRTY  MINUTES  DURING  ALL HOURS IN WHICH TESTS ARE
 PERFORMED; PROVIDED, THAT IF THE SUPERVISOR IS  NOT  ON  THE  LABORATORY
 PREMISES AND THE PERSON PERFORMING THE TEST QUALIFIES AS A MEDICAL TECH-
 NOLOGIST  AS  PROVIDED  IN  REGULATIONS PROMULGATED PURSUANT TO SECTIONS
 FIVE HUNDRED SEVENTY-FOUR AND FIVE HUNDRED SEVENTY-SIX  OF  THIS  TITLE,
 AND THIRTY-ONE HUNDRED TWENTY-ONE OF THIS CHAPTER, THE RESULTS OF HIS OR
 HER  WORK  ARE  REVIEWED BY THE SUPERVISOR OR DIRECTOR DURING HIS OR HER
 NEXT DUTY PERIOD, AND A RECORD  IS  MAINTAINED  TO  REFLECT  THE  ACTUAL
 REVIEW.
   (E)  AN  INDIVIDUAL WHO QUALIFIES AS A SUPERVISOR AS PROVIDED IN REGU-
 LATIONS PROMULGATED PURSUANT TO SECTIONS FIVE HUNDRED  SEVENTY-FOUR  AND
 FIVE  HUNDRED  SEVENTY-SIX OF THIS TITLE, AND THIRTY-ONE HUNDRED TWENTY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13946-02-8

 S. 7521                             2
 
 ONE OF THIS CHAPTER SHALL SUPERVISE TECHNICAL PERSONNEL IN THE SPECIALTY
 OF CYTOLOGY ONLY.
   2.  (A)  FOR  THE  PURPOSES  OF THIS SUBDIVISION, "CLINICAL LABORATORY
 IMPROVEMENT AMENDMENTS" MEANS THE FEDERAL CLINICAL  LABORATORY  IMPROVE-
 MENT  AMENDMENT  OF  1988,  PUBLIC LAW 100-578, AS AMENDED AND ANY REGU-
 LATIONS OR GUIDANCE ISSUED THEREUNDER.
   (B) EVERY CLINICAL SUPERVISOR SHALL MEET ONE OF THE FOLLOWING REQUIRE-
 MENTS:
   (I) THE SUPERVISOR IS A PHYSICIAN LICENSED  TO  PRACTICE  MEDICINE  OR
 OSTEOPATHY IN THE STATE, OR WHO HAS EARNED A DOCTORAL DEGREE IN A CHEMI-
 CAL,  PHYSICAL  OR  BIOLOGICAL  SCIENCE  FROM AN ACCREDITED INSTITUTION.
 "ACCREDITED", AS USED IN THIS PARAGRAPH, REFERS TO  ACCREDITATION  BY  A
 NATIONALLY  RECOGNIZED  ACCREDITING AGENCY OR ASSOCIATION, AS DETERMINED
 BY THE UNITED STATES COMMISSIONER OF EDUCATION. SUCH  SUPERVISOR  SHALL,
 SUBSEQUENT  TO  GRADUATION,  HAVE  HAD  AT  LEAST THE REQUIRED NUMBER OF
 YEARS' EXPERIENCE IN ONE OF THE LABORATORY  SPECIALTIES  IN  A  CLINICAL
 LABORATORY  OR  BLOOD  BANK  HAVING A DIRECTOR AT THE DOCTORAL LEVEL, AS
 PROVIDED FOR AND CONSISTENT WITH  THE  CLINICAL  LABORATORY  IMPROVEMENT
 AMENDMENTS.  THE  CLINICAL  LABORATORY  OR BLOOD BANK SHALL BE PART OF A
 HOSPITAL, HEALTH DEPARTMENT, UNIVERSITY, MEDICAL  RESEARCH  INSTITUTION,
 OR OTHER INSTITUTION WHICH PROVIDES EQUIVALENT TRAINING;
   (II)  THE  SUPERVISOR  HOLDS  A  DEGREE OF MASTER OF ARTS OR MASTER OF
 SCIENCE IN A CHEMICAL, PHYSICAL OR BIOLOGICAL SCIENCE FROM AN ACCREDITED
 INSTITUTION AND, SUBSEQUENT TO GRADUATION, HAS HAD AT LEAST THE REQUIRED
 NUMBER OF YEARS SPENT WORKING IN THE DESIGNATED LABORATORY SPECIALTY  IN
 A  CLINICAL  LABORATORY  HAVING  A  DIRECTOR  AT  THE DOCTORAL LEVEL, AS
 PROVIDED FOR AND CONSISTENT WITH  THE  CLINICAL  LABORATORY  IMPROVEMENT
 AMENDMENTS.  THE  CLINICAL  LABORATORY  OR BLOOD BANK SHALL BE PART OF A
 HOSPITAL, HEALTH DEPARTMENT, UNIVERSITY, MEDICAL RESEARCH INSTITUTION OR
 OTHER INSTITUTION WHICH PROVIDES EQUIVALENT TRAINING;
   (III) THE  SUPERVISOR  IS  QUALIFIED  AS  A  MEDICAL  TECHNOLOGIST  AS
 PROVIDED  IN  REGULATIONS  PROMULGATED PURSUANT TO SECTIONS FIVE HUNDRED
 SEVENTY-FOUR AND FIVE HUNDRED SEVENTY-SIX OF THIS TITLE, AND  THIRTY-ONE
 HUNDRED  TWENTY-ONE  OF  THIS  CHAPTER AND HAS HAD AT LEAST THE REQUIRED
 NUMBER OF YEARS OF PERTINENT CLINICAL LABORATORY  EXPERIENCE,  INCLUDING
 TRAINING,  SUBSEQUENT TO QUALIFYING, SPENT WORKING IN A CLINICAL LABORA-
 TORY HAVING A DIRECTOR AT  THE  DOCTORAL  LEVEL,  AS  PROVIDED  FOR  AND
 CONSISTENT  WITH  THE  CLINICAL  LABORATORY  IMPROVEMENT AMENDMENTS. THE
 CLINICAL LABORATORY OR BLOOD BANK SHALL BE PART OF A HOSPITAL, UNIVERSI-
 TY, HEALTH DEPARTMENT, MEDICAL RESEARCH INSTITUTION OR OTHER INSTITUTION
 WHICH PROVIDES EQUIVALENT TRAINING; OR
   (IV) THE SUPERVISOR IS QUALIFIED AS A CYTOTECHNOLOGIST AS PROVIDED  IN
 REGULATIONS  PROMULGATED  PURSUANT TO SECTIONS FIVE HUNDRED SEVENTY-FOUR
 AND FIVE HUNDRED SEVENTY-SIX OF THIS TITLE, AND THIRTY-ONE HUNDRED TWEN-
 TY-ONE OF THIS CHAPTER AND SUBSEQUENT TO QUALIFYING, HAS  HAD  AT  LEAST
 THE  REQUIRED  NUMBER  OF YEARS OF PERTINENT CLINICAL LABORATORY EXPERI-
 ENCE, INCLUDING TRAINING, IN CYTOTECHNOLOGY IN  A  LABORATORY  HAVING  A
 DOCTORAL  LEVEL DIRECTOR QUALIFIED IN CYTOPATHOLOGY, AS PROVIDED FOR AND
 CONSISTENT WITH THE  CLINICAL  LABORATORY  IMPROVEMENT  AMENDMENTS.  THE
 CLINICAL  LABORATORY  SHALL  BE  PART  OF A HOSPITAL, HEALTH DEPARTMENT,
 UNIVERSITY, MEDICAL RESEARCH INSTITUTION,  OR  OTHER  INSTITUTION  WHICH
 PROVIDES EQUIVALENT TRAINING.
   (C) WITH RESPECT TO INDIVIDUALS FIRST QUALIFYING PRIOR TO APRIL FIRST,
 NINETEEN  HUNDRED  SEVENTY-TWO,  AN  EXCEPTION  TO  THE  REQUIREMENTS OF
 SUBPARAGRAPH (I), (II) OR (III) OF PARAGRAPH (B) OF THIS SUBDIVISION MAY
 BE MADE IF:

 S. 7521                             3
 
   (I) THE SUPERVISOR WAS PERFORMING THE DUTIES OF A CLINICAL  LABORATORY
 SUPERVISOR  AT  ANY  TIME BETWEEN JULY FIRST, NINETEEN HUNDRED SIXTY-ONE
 AND SEPTEMBER FIRST, NINETEEN HUNDRED SEVENTY-ONE;
   (II)  THE SUPERVISOR HAS HAD AT LEAST FIFTEEN YEARS OF PERTINENT CLIN-
 ICAL LABORATORY EXPERIENCE PRIOR TO SEPTEMBER  FIRST,  NINETEEN  HUNDRED
 SEVENTY-ONE; PROVIDED, THAT, A MINIMUM OF THIRTY SEMESTER HOURS OF CRED-
 IT  TOWARD  A  BACHELOR'S  DEGREE  IN A CHEMICAL, PHYSICAL OR BIOLOGICAL
 SCIENCE, OR THIRTY SEMESTER HOURS IN AN APPROVED SCHOOL OF MEDICAL TECH-
 NOLOGY SHALL REDUCE THE REQUIRED YEARS OF EXPERIENCE BY TWO YEARS,  WITH
 ANY  ADDITIONAL  HOURS FURTHER REDUCING THE REQUIRED YEARS OF EXPERIENCE
 AT THE RATE OF FIFTEEN HOURS FOR ONE YEAR; AND
   (III) HE OR SHE HAS PERFORMED THE DUTIES OF A SUPERVISOR FOR AT  LEAST
 TWO YEARS DURING THE QUALIFYING FIFTEEN YEARS IN:
   (A) A CLINICAL LABORATORY HAVING A DIRECTOR AT THE DOCTORAL LEVEL OF A
 HOSPITAL, UNIVERSITY, HEALTH DEPARTMENT OR MEDICAL RESEARCH INSTITUTION;
 OR
   (B)  IN A LABORATORY APPROVED UNDER THE MEDICARE SUPPLEMENTARY MEDICAL
 INSURANCE PROGRAM, PROVIDED ALSO, THAT WHERE QUALIFYING YEARS IN A CLIN-
 ICAL LABORATORY  DESCRIBED  IN  CLAUSE  (A)  OF  THIS  SUBPARAGRAPH  ARE
 OBTAINED  AFTER  JANUARY  THIRTIETH,  NINETEEN  HUNDRED SIXTY-NINE, SUCH
 LABORATORY MEETS APPLICABLE CONDITIONS UNDER THE MEDICARE HEALTH  INSUR-
 ANCE  PROGRAM,  OR  UNDER THE REGULATIONS ISSUED PURSUANT TO THE FEDERAL
 CLINICAL LABORATORIES IMPROVEMENT ACT OF 1967.
   § 2. This act shall take effect immediately.